as introduced - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to agriculture; updating certain food 1.3 standards; simplifying certain language; amending 1.4 Minnesota Statutes 1998, sections 31.101, as amended; 1.5 31.102, subdivision 1; 31.103, subdivision 1; and 1.6 31.104. 1.7 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.8 Section 1. Minnesota Statutes 1998, section 31.101, as 1.9 amended by Laws 1999, chapter 231, section 55, is amended to 1.10 read: 1.11 31.101 [RULES; HEARINGS; UNIFORMITY WITH FEDERAL LAW.] 1.12 Subdivision 1. [AUTHORITY.] Theauthority tocommissioner 1.13 may promulgate and amend rules for the efficient administration 1.14 and enforcement of the Minnesota Food Lawis vested in the1.15commissioner and is in addition to authority granted in sections1.1631.10, 31.11, and 31.12. SuchThe rules when applicableshall1.17 must conform, insofar as practicable and consistent with state 1.18 law, with those promulgated under the federal law. This 1.19 rulemaking authority is in addition to that in sections 31.10, 1.20 31.11, and 31.12. Rules adopted under this section may be 1.21 amended by the commissioner under chapter 14, subject to the 1.22 limitation in subdivision 7. 1.23 Subd. 2. [HEARINGS.] Hearings authorized or required by 1.24 lawshallmust be conducted by the commissioner orsuchan 1.25 officer, agent, or employeeasthe commissionermay designate1.26 designates for the purpose. 2.1 Subd. 3. [FEDERALPESTICIDE CHEMICALREGULATIONSRULES.] 2.2 Federal pesticide chemical regulationsand amendments theretoin 2.3 effect on April 1,19972000, adopted under authority of the 2.4 Federal Insecticide, Fungicide and Rodenticide Act, as provided 2.5 by United States Code, title 7, chapter 6, are the pesticide 2.6 chemical rules in this state.Such rules may be amended by the2.7commissioner proceeding in accordance with the Administrative2.8Procedure Act.2.9 Subd. 4. [FEDERALFOOD ADDITIVEREGULATIONSRULES.] 2.10 Federal food additive regulationsand amendments theretoin 2.11 effect on April 1,19972000, as provided by Code of Federal 2.12 Regulations, title 21, parts 170 to 199, are the food additive 2.13 rules in this state.Such rules may be amended by the2.14commissioner proceeding in accordance with the Administrative2.15Procedure Act.2.16 Subd. 5. [FEDERALCOLOR ADDITIVEREGULATIONSRULES.] 2.17 Federal color additive regulationsand amendments theretoin 2.18 effect on April 1,19972000, as provided by Code of Federal 2.19 Regulations, title 21, parts 70 to 82, are the color additive 2.20 rules in this state.Such rules may be amended by the2.21commissioner proceeding in accordance with the Administrative2.22Procedure Act.2.23 Subd. 6. [FEDERALSPECIAL DIETARY USEREGULATIONSRULES.] 2.24 Federal special dietary use regulationsand amendments thereto2.25 in effect on April 1,19972000, as provided by Code of Federal 2.26 Regulations, title 21, parts 104 and 105, are the special 2.27 dietary use rules in this state.Such rules may be amended by2.28the commissioner proceeding in accordance with the2.29Administrative Procedure Act.2.30 Subd. 7. [FAIR PACKAGING AND LABELINGACT REGULATIONS2.31 RULES.] Federal regulationsand amendments theretoin effect on 2.32 April 1,19972000, adopted under the Fair Packaging and 2.33 Labeling Act, as provided by United States Code, title 15, 2.34 sections 1451 to 1461, are the rules in this state.Such rules2.35may be amended by the commissioner proceeding in accordance with2.36the Administrative Procedure Act; provided thatThe commissioner 3.1shallmay not adopt amendments tosuchthese rules or adopt 3.2 other rules which are contrary to the labeling requirements for 3.3 the net quantity of contents required pursuant to section 4 of 3.4 the Fair Packaging and Labeling Act and the 3.5 regulationspromulgated thereunderadopted under that act. 3.6 Subd. 8. [FOOD AND DRUGSREGULATIONSRULES.] Applicable 3.7 federal regulations including recodification contained in Code 3.8 of Federal Regulations, title 21, parts 0-1299, Food and Drugs, 3.9 in effect April 1,19972000, and not otherwise adopted herein, 3.10 also are adopted as food rules of this state.Such rules may be3.11amended by the commissioner in accordance with the3.12Administrative Procedure Act.3.13 Subd. 9. [FISHERY PRODUCTS RULES.] Federal regulations in 3.14 effect on April 1,19972000, as provided by Code of Federal 3.15 Regulations, title 50, parts 260 to 267, are incorporated as 3.16 part of the fishery products rules in this state for state 3.17 inspections performed under a cooperative agreement with the 3.18 United States Department of Commerce, National Marine Fisheries 3.19 Service.The rules may be amended by the commissioner under3.20chapter 14.3.21 Subd. 10. [MEAT AND POULTRY RULES.] Federal regulations in 3.22 effect onJanuaryApril 1,19992000, as provided by Code of 3.23 Federal Regulations, title 9, part 301, et seq., are 3.24 incorporated as part of the meat and poultry rules in this 3.25 state.The rules may be amended by the commissioner under3.26chapter 14.3.27 Subd. 11. [STANDARDS FOR FRESH FRUITS, VEGETABLES, AND 3.28 OTHER PRODUCTS.] Federal regulations in effect on April 1, 3.2919972000, as provided by Code of Federal Regulations, title 7, 3.30 parts 51 and 52, are incorporated as part of the rules in this 3.31 state.The rules may be amended by the commissioner under3.32chapter 14.3.33 Sec. 2. Minnesota Statutes 1998, section 31.102, 3.34 subdivision 1, is amended to read: 3.35 Subdivision 1. [IDENTITY, QUANTITY, AND FILL OF CONTAINER 3.36 RULES.] Federal definitions and standards of identity, quality, 4.1 and fill of containerand amendments thereto,in effect on April 4.2 1,19972000, adopted under authority of the federal act, are 4.3 the definitions and standards of identity, quality, and fill of 4.4 container in this state.SuchThe rules may be amended by the 4.5 commissionerproceeding in accordance with the Administrative4.6Procedure Actunder chapter 14. 4.7 Sec. 3. Minnesota Statutes 1998, section 31.103, 4.8 subdivision 1, is amended to read: 4.9 Subdivision 1. [CONSUMER COMMODITIES LABELING RULES.] All 4.10 labels of consumer commoditiesshallmust conform with the 4.11 requirements for the declaration of net quantity of contents of 4.12 section 4 of the Fair Packaging and Labeling Act (United States 4.13 Code, title 15, section 1451 et seq.) and federal regulations in 4.14 effect on April 1,19972000,promulgated pursuant4.15theretoadopted under authority of that act, except to the 4.16 extent that the commissionershall exercise authority to amend4.17suchamends the rulesin accordance with the Administrative4.18Procedure Actunder chapter 14. Consumer commodities exempted 4.19 from the requirements of section 4 of the Fair Packaging and 4.20 Labeling Actshallare alsobeexempt from this subdivision. 4.21 Sec. 4. Minnesota Statutes 1998, section 31.104, is 4.22 amended to read: 4.23 31.104 [FOOD LABELING EXEMPTION RULES.] 4.24 The commissioner shall promulgate rules exempting from any 4.25 labeling requirement food which is, in accordance with the 4.26 practice of the trade, to be processed, labeled or repacked in 4.27 substantial quantities at establishments other than those where 4.28 originally processed or packed, on condition that such food is 4.29 not adulterated or misbranded upon removal from such processing, 4.30 labeling or repacking establishment. 4.31 Federal regulations in effect on April 1,19972000, 4.32 adopted under authority of the federal act relating to such 4.33 exemptions are effective in this state unless the commissioner 4.34shall exercise authority to amend such regulationsamends them. 4.35 The commissioner also maypromulgate amendments toamend 4.36 existing rules concerning exemptionsin accordance with the5.1Administrative Procedure Actunder chapter 14.